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(영문) 서울고등법원 2012.05.10 2011나58185
소유권이전등기
Text

1. Of the judgment of the first instance court, the part against the remaining plaintiffs except the plaintiff G is modified as follows.

Reasons

1. Basic facts

A. (1) The Defendant is the association established to promote the reconstruction of the “Jitregy” (hereinafter “instant project”), which is an aggregate building, on the Yangcheon-gu Seoul Special Metropolitan City K Forest Land 9,261 square meters (hereinafter “instant site”).

(2) The Plaintiffs are the former members of the Defendant’s association, who were the former members of each sectional owner of the “J-J”.

B. (1) On June 18, 2003, the Defendant entered into a construction contract with Dong Construction Co., Ltd. (hereinafter “Dong Construction”) to newly construct “L apartment” on the instant land.

Members, including the plaintiffs, decided to purchase one unit of reconstruction apartment unit through lot, and around 2004, the plaintiffs concluded a sales contract with the defendant that the plaintiffs would purchase the "L apartment unit" unit allocated by lot.

However, on November 2004, the project of this case was discontinued due to the default on the construction of Dong-gu.

(2) On June 8, 2005, the Defendant entered into a construction contract with the construction company for petition (hereinafter “construction”) to newly construct “M apartment (hereinafter “M apartment”) on the instant site.”

On the other hand, the defendant and the petitioner construction had already been allocated to the members, including the plaintiffs at that time, to recognize the Dong, lake, and size of the "L Apartment" that had already been allocated through lottery as it is in the apartment of this case.

The term of this study was determined as follows.

(3) Accordingly, on September 4, 2006, the Plaintiffs concluded a sales contract for each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) with the Defendant Cooperative to purchase each unit allocated to each of them (hereinafter “instant sales contract”).

(4) At least 99% of the apartment of this case had been completed at around September 2007, and thereafter the apartment of this case has been occupied at a certain point.

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